CCJ N244 Application to set aside judgement advice

Dougsboy32

Good Morning
I have trawled through the Newbies thread and have to say there is a wealth of very good information there. I am applying for a judgement to be set aside because the solicitor sent all the letters to my old address. I didn't know I had a CCJ until i did a credit report. I have a couple of questions about the N244 and would really appreciate a steer if somebody has the time.
Question 4 asks about draft of the order. What is that and why would I need one?
Question 9  asks who should be served. Presumably that is the solicitor of the parking company?
Question 10 asks for my application support information. Beyond stating that I never received any documents what more can I say?
I want to contest the ticket due to lack of visible signage, but should that be done at the court stage rather than here?
Thank you for your help and time.

Le_Kirk

This is a good example of a set-aside (referred to by both @Coupon-mad and @henrik777)
https://forums.moneysavingexpert.com/discussion/comment/77131023#Comment_77131023, should give you all you need.

henrik777

4. It's what you're asking the court to do. You need to ask them to do something.
9. Claimant (or their solicitor, ask them if they're still on record)
10. When you found out about the ccj, the steps you took to identify the claimant and issues, why you didn't get any papers, if you moved then when, did you forward mail etc etc

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Dougsboy32

Thanks DPDance. I did that but he wasn't particularly interested and sent a generic response.

Coupon-mad

Do this please, because even if the MP is not listening, the MHCLG are, for another week of so, and they a re keen to hear from people like you with CCJs and to find a way to stop this happening to people in future.  Also comments are invited about the whole Code of Practice and most people feel that parking charges (double the amount of Council ones) are extortionate.

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

Dougsboy32

Thanks   Coupon Mad. and indeed all of you who commented. The court accepted my appeal and i have a hearing in the  New Year. Now just need to get my defense as robust as it can be.....

Umkomaas

chrissage said:

Thanks   Coupon Mad. and indeed all of you who commented. The court accepted my appeal and i have a hearing in the  New Year. Now just need to get my defense as robust as it can be.....

You know that there's a defence (note it's 'C' not 'S' in the word) template to use for the purpose, it's near the top of the forum thread list, just one click back from this page. It applies for any PPC other than ParkingEye. I don't think you've told us which PPC is involved - can you enlighten us please?

Dougsboy32

it's Gladstones

nosferatu1001

Yikes, 4 months later...
Have you filed your defence now? What about the WS to support the claim hearing , which is totaslly different to the WS you wrote to support the Set Aside? when is your deadline?

Le_Kirk

Umkomaas said:

chrissage said:

Thanks   Coupon Mad. and indeed all of you who commented. The court accepted my appeal and i have a hearing in the  New Year. Now just need to get my defense as robust as it can be.....

You know that there's a defence (note it's 'C' not 'S' in the word) template to use for the purpose, it's near the top of the forum thread list, just one click back from this page. It applies for any PPC other than ParkingEye. I don't think you've told us which PPC is involved - can you enlighten us please?

chrissage said:

it's Gladstones

Gladstones is not the PPC.